State v. Jackson

The defendant, Destín L. Jackson, was convicted of attempted second degree burglary. He contends the trial court erred in giving an inference of intent instruction.

The issues presented are:

1. In an attempted burglary case, is it error to instruct the jury that it may infer the defendant acted with intent to commit a crime within the building from the fact that the defendant may have attempted entrance into the building?

2. Is malicious mischief in the third degree a lesser included offense within attempted burglary in the second degree, where a substantial step taken in the furtherance of the…